BILL NUMBER: SB 1894	CHAPTERED  07/21/00

	CHAPTER   177
	FILED WITH SECRETARY OF STATE   JULY 21, 2000
	APPROVED BY GOVERNOR   JULY 21, 2000
	PASSED THE SENATE   JULY 6, 2000
	PASSED THE ASSEMBLY   JUNE 29, 2000
	AMENDED IN ASSEMBLY   JUNE 26, 2000
	AMENDED IN SENATE   MAY 30, 2000
	AMENDED IN SENATE   MAY 23, 2000

INTRODUCED BY   Senator Peace

                        FEBRUARY 24, 2000

   An act relating to the payment of claims against the State of
California, making an appropriation therefor, and declaring the
urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1894, Peace.  Claims against the state:  appropriation.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Existing statute establishes procedures for making that
reimbursement and authorizes the Legislature to suspend a mandated
program by not funding it in the State Budget for any fiscal year.
   Existing law also requires the Controller, in the event that there
are insufficient revenues to fund all of the state-mandated claims
approved by the Controller, to report immediately this deficiency to
the Legislature for additional appropriation, and requires that any
additional appropriation include an amount necessary to reimburse any
interest due to eligible claimants.
   This bill would appropriate $122,149,000 from the General Fund and
the State Transportation Fund to the Controller.  From the General
Fund,$11,932,000 would be allocated for the payment of certain claims
by local agencies and school districts for reimbursement for
state-mandated local costs, and from both the General Fund and the
State Transportation Fund, $110,182,000 would be allocated to pay for
prior year deficiencies, including interest, thereon.  From the
Aeronautics Account in the State Transportation Fund, $35,000 would
be allocated to provide reimbursement to local agencies of costs
incurred for the period of January 1, 1995, through June 30, 2001,
for Airport Land Use Commissions/Plans.
  The bill would declare that it is to take effect immediately as an
urgency statute.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The sum of one hundred twenty-two million one hundred
forty-nine thousand dollars ($122,149,000) is hereby appropriated
from the General Fund, where a fund is not otherwise specified, and
the State Transportation Fund, where specified, to the Controller for
allocation as follows:
   (a) Thirty-five thousand dollars ($35,000) from the Aeronautics
Account in the State Transportation Fund for the payment of claims
from counties, cities, a city and county, or other appropriately
designated local government entities, pursuant to Sections 21670 and
21670.1 of the Public Utilities Code, as amended by Chapter 644 of
the Statutes of 1994, Chapter 66 of the Statutes of 1995, and Chapter
91 of the Statutes of 1995 (Airport Land Use Commissions/Plans), for
costs incurred from January 1, 1995, to June 30, 2001, inclusive.
   (b) Four million five hundred eighty-seven thousand dollars
($4,587,000) for the payment of claims from counties, or a city and
county, pursuant to subdivisions (e), (f), (g), (h), and (i) of
Section 273.5 and Sections 1000.93, 1000.94, 1000.95, and 1203.097 of
the Penal Code, as repealed, added, or amended by Chapters 183 and
194 of the Statutes of 1992, Chapter 28 of the First Extraordinary
Session of the Statutes of 1994, and Chapter 641 of the Statutes of
1995 (Domestic Violence Treatment Services--Authorization and Case
Management), for costs incurred from January 1, 1996, to June 30,
2001, inclusive.
   (c) One hundred ninety-seven thousand dollars ($197,000) for the
payment of claims from school districts, except for community college
districts, pursuant to Section 51230 of the Education Code, as added
by Chapter 778 of the Statutes of 1996 (American Government Course
Document Requirements), for costs incurred from January 1, 1997, to
June 30, 2001, inclusive.
   For the purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the amount
appropriated by this subdivision shall be deemed to be "General Fund
revenues appropriated for school districts," as defined in
subdivision (c) of Section 41202 of the Education Code, for the
2000-01 fiscal year, and included within the total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIIIB of the
California Constitution and as defined in subdivision (e) of Section
41202 of the Education Code, for the 2000-01 fiscal year.
   (d) One million four hundred seventeen thousand dollars
($1,417,000) for the payment of claims from counties, cities, a city
and county, and special districts, pursuant to Section 1797.192 of
the Health and Safety Code, as added by Chapter 1111 of the Statutes
of 1989 and later renumbered as Section 1797.193 by Chapter 216 of
the Statutes of 1990 (Sudden Infant Death Syndrome Training for
Firefighters), for costs incurred from July 1, 1990, to June 30,
2001, inclusive.
   (e) Five hundred sixty-two thousand dollars ($562,000) for the
payment of claims from counties, cities, a city and county, and
special districts, pursuant to Sections 51175 to 51189, inclusive, of
the Government Code, and Sections 13108.5 and 13132.7 of the Health
and Safety Code, as added and amended by Chapter 1188 of the Statutes
of 1992, Chapter 843 of the Statutes of 1994, and Chapter 333 of the
Statutes of 1995 (Very High Fire Hazard Severity Zones), for costs
incurred from July 1, 1996, to June 30, 2001, inclusive.
   (f)  Two hundred thirteen thousand dollars ($213,000) for the
payment of claims from school districts, except for community college
districts, that are adjacent to the international border, pursuant
to Sections 48204.5 and 48204.6 of the Education Code, and Section
97.3 of the Revenue and Taxation Code, as added and amended by
Chapter 309 of the Statutes of 1995 (Pupil Residency Verification and
Appeals), for costs incurred from August 3, 1995, to June 30, 2001,
inclusive.
   For the purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the amount
appropriated by this subdivision shall be deemed to be "General Fund
revenues appropriated for school districts," as defined in
subdivision (c) of Section 41202 of the Education Code, for the
2000-01 fiscal year, and included within the total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIIIB of the
California Constitution and as defined in subdivision (e) of Section
41202 of the Education Code, for the 2000-01 fiscal year.
   (g) Four million nine hundred fifty-six thousand dollars
($4,956,000) for the payment of claims from school districts, except
for community college districts but including charter schools,
pursuant to Sections 44332.6, 44830.1, 45122.1, 45125, and 45125.1 of
the Education Code, as added and amended by Chapter 588 of the
Statutes of 1997, and Chapter 589 of the Statutes of 1997 (Criminal
Background Checks--a.k.a. Michele Montoya School Safety Act), for
costs incurred from September 30, 1997, to June 30, 2001, inclusive.

   For the purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the amount
appropriated by this subdivision shall be deemed to be "General Fund
revenues appropriated for school districts," as defined in
subdivision (c) of Section 41202 of the Education Code, for the
2000-01 fiscal year, and included within the total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIIIB of the
California Constitution and as defined in subdivision (e) of Section
41202 of the Education Code, for the 2000-01 fiscal year.
   (h) One hundred ten million one hundred eighty-two thousand
dollars ($110,182,000), of which one million nine hundred
seventy-nine thousand dollars ($1,979,000) is appropriated from the
State Transportation Fund and one hundred eight million two hundred
three thousand dollars ($108,203,000) is appropriated from the
General Fund, for the payment of deficiencies in prior year
appropriations, which includes payment of interest on those
deficiencies, incurred through June 30, 2000, pursuant to Section
17561.6 of the Government Code, as detailed in the Controller's
letter to the Department of Finance dated May 2, 2000, and the
Department of Finance's letter to the Legislature dated May 15, 2000.
  This amount includes forty-seven million nine hundred three
thousand dollars ($47,903,000) from the General Fund for claims
relating to the open meetings requirements of the Ralph M. Brown Act
(Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of
Title 5 of the Government Code), and sixteen million seven hundred
fourteen thousand dollars ($16,714,000) from the General Fund for
interest on late payments.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to settle claims by school districts and local government
agencies against the state for mandated costs associated with
implementing designated provisions of law, and to end hardship to
those school districts and local government agencies, it is necessary
for this act to take effect immediately.
